Developments in DNA analysis and forensic procedures legislation: comparisons across Australian jurisdictions

Forensic procedures legislation guides the collection and analysis of forensic material, including DNA, and the establishment of DNA databases. It requires the balancing of several competing interests, such as identifying and convicting those who commit criminal offences, ensuring that individuals in Australian society are not subjected to unlawful or unfair treatment, and preserving individual privacy and civil liberties. With increased data-sharing arrangements across jurisdictions, harmonising forensic procedures legislation becomes pivotal. Reviews published in 2003 and 2010 established the existence of discrepancies and inadequacies in the forensic procedures legislation of Australian jurisdictions. Since then, jurisdictions have made amendments to their own legislation that may further reduce the extent to which harmonisation exists across jurisdictions. This study, therefore, aimed to examine the legislative amendments made between 2010 and 2022 to the forensic procedures legislation of Australia's Commonwealth, States and Territories and compare current legislation with that of the Commonwealth. The findings from the comparative analysis highlight key elements of current legislation that represent a significant departure from the protection of individual rights to privacy and civil liberties. The article then discusses the potential implications of these departures and suggests some directions for further research, legislative review, and critical analysis.